Reports of Cases Decided by the English Courts [1870-1883]; With Notes and References to Kindred Cases and Authorities Volume 36

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ...or com osition, on or about the 16th of March, 1881, and resolutions for liquidation by arrangement have been duly passed, and a trustee appointed pursuant to the Bankruptcy Act, 1869. 10. All conditions have been fulfilled, and all things happened and all times elapsed necessary to entitle the laintifis to recover the balance or sum exceeding 250 from J. Grayson and W. ll. Hardisty, yet the same remains due and unpaid. 11. The laintifis have ap lied to the defendant for payment under the Ecfore-mentioned liond or guarantee, of the sum of 250, pa.rt of the balance or sum due to the plaintiifs as aforesaid, but the defendant has refused, and still refuses, 786 to pay the same or any part thereof. Defense. 1. The de endant admits the paragraphs 1 to 9, inclusive, of the claim. 2. The death of J. Wright was known to the defendant at or about the same time that the plaintiffs had notice thereof. 3. Shortly after the death of J. Wright the plaintiffs and the defendant had notice of the existence of his will, and that the executors thereunder had rovcd the same, and the executors opened an account on behallp of the estate in their name as executors of the said will, in the laintiff's bank. 4. Since the plaintifis had) notice of the matter in the preceding paragraph set forth, and since the opening by the executors of t ie account therein mentioned, J. W. Grayson and W. H. Hardisty paid into their account with the firm sufiicient sums of money to cover the balance due to the firm upon their account or otherwise at such dates respectively. 5. The defendant does not admit the alle tions of the performanoe of conditions precedent or of any ofgathe allegations in paragi-a(ph 10, otherwise than so far as they are expressly admitted...show more